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Republic of the Philippines

Department of Justice
OFFICE OF THE PROSECUTOR
CEBU CITY

PEOPLE OF THE PHILIPPINES,


Plaintiff
Criminal Case No.:
For: RECKLESS IMPRUDENCE
RESULTING TO
DOUBLE versus HOMICIDE AND
DAMAGED TO
PROPERTIES; Violation of
Art. 365 in relation to Art.249 of
RPC.

JAN MICHEAL,
Accused.

x- - - - - - - - - - - - - - - - - - - - - - - - -x

COUNTER AFFIDAVIT

I, JAN MICHEAL, with aide of counsel, of legal age, single, a Filipino


citizen and a resident of Uytengsu Drive Urgello, Sambag 1, Cebu City after being
duly sworn in accordance with law, hereby depose and state that:

1. I am an Electronics Engineer working at SMART TELECOMMUNICATIONS,


INC. located at Cebu Business Park, Cebu City;

2. My official working hours for the third week of May 2019, with a covering
period from May 20-24, 2019, is from 9:00p.m. - 5:00a.m.;
3. That on May 22, 2019, I was taking my friend, Graham Alolod to his residence
located at Uytengsu Drive, Urgello, Sambag 1, Cebu City after my duty because he
called me after work asking if I can take him home since he is closeby and very
drunk and had already vomited on himself;

4. That being a responsible friend I obliged his request since it was better that I
drive him rather then let my friend be left at his drunken state so I used my mode
of transportation, a Yamaha Mio MXI to transport the both of us;

5. I passed by along Archbishop Reyes Avenue going to Gorordo Avenue which is


my usual route from work to home and vice versa; I waited for the traffic lights to
signal " GO" for me to turn left going to Gorordo Avenue;

6. The traffic light at corner Gorordo Avenue and Archbishop Reyes Avenue
signals " GO" for the vehicles turning left going to Gorordo Avenue and signals
"STOP" for the vehicles which will cross the corner going straight to Salinas
Drive;

7. I carefully maneuvered when a motorbike with a child riding at the back, came
out of nowhere traversing the opposite side of the road (from Gorordo Ave. going
straight to Salinas Drive) in a very high speed in which we collided;

8. On the contrary, I diligently observed and obeyed the traffic rules and road
markings;

9. I did not overtake a jitney nor counterflow on the opposite side of the road;

10. That while I was in the ground in pain because of the accident, the traffic
enforcer, Gregorio D. Ledema asked for my license before calling the ambulances;

11. That when I was in the hospital, I was forced to do a Blood Liquor Test by the
officer who was with me to be done by Dr. Pura-ann Marie Cuadra without my
consent;

12. That during the taking of my blood, I was not assisted by my counsel nor was I
given the opportunity to call my counsel or to call anyone to inform my counsel of
what is being done to me;
13. That I never got my i.d. back and only learned that it was already in the
possession of PSSg Limalima after the fact;

14. That I was wrongfully charged for violation of RA 10586 Anti Drunk and
drugged act of 2013 since I was not driving under the influence of alcohol or any
druf for that matter and in fact took it upon myself to drive for my drunk friend
when the accident happened;

15. This Counter Affidavit is being executed to attest to the truth of all the
foregoing facts and events and to disclaim all the accusations against me.

IN WITNESS WHEREOF, I have hereunto affixed my signature on


this 24th day of May 2019, in Cebu City.

JAN MICHEAL (sgd.)


Affiant

I hereby CERTIFY that I have personally examined the affiant and


that I am satisfied that he has voluntarily executed and understood his Counter-
Affidavit.

Atty. Ricci Regen G. Reluya


Defense Counsel